sec.137Non-revocation period

sec.137 Non-revocation period

This section applies if, on a reference in relation to a person charged with a prescribed offence, the Mental Health Court— decides the person— was of unsound mind when the offence was allegedly committed; or is unfit for trial and the unfitness for trial is permanent; and makes a forensic order for the person. The court may state in the order a period of not more than 10 years (the non-revocation period ) during which the tribunal may not revoke the order, other than under section 457 . In deciding the non-revocation period, the court must have regard to the object of this Act in relation to protecting the community. (sec.137-ssec.1) This section applies if, on a reference in relation to a person charged with a prescribed offence, the Mental Health Court— decides the person— was of unsound mind when the offence was allegedly committed; or is unfit for trial and the unfitness for trial is permanent; and makes a forensic order for the person. (sec.137-ssec.2) The court may state in the order a period of not more than 10 years (the non-revocation period ) during which the tribunal may not revoke the order, other than under section 457 . (sec.137-ssec.3) In deciding the non-revocation period, the court must have regard to the object of this Act in relation to protecting the community.

• (a) decides the person— (i) was of unsound mind when the offence was allegedly committed; or (ii) is unfit for trial and the unfitness for trial is permanent; and
• (i) was of unsound mind when the offence was allegedly committed; or
• (ii) is unfit for trial and the unfitness for trial is permanent; and
• (b) makes a forensic order for the person.
• (i) was of unsound mind when the offence was allegedly committed; or
• (ii) is unfit for trial and the unfitness for trial is permanent; and